Terms and Conditions

1.  Introduction

When using or visiting the website hosted at www.encostasdabaronesa.pt (“Site”) or any of the information, data files, written text, graphics, links, audio files or other sounds, photographs, videos or other images (together,“Contents”), resources and services, including newsletter (together, including the Contents, the “Services”) made available through it, you are, as a user or visitor (“User”), agreeing and accepting (i ) these Terms and Conditions (“Terms and Conditions”) and (ii) the privacy and personal data protection policy available in the Privacy Policy page.

The Site is owned by Encostas da Baronesa, Lda NIF 513609563, com sede em Av. 25 de Abril, nº31-A 5070-011 Alijó, hereinafter referred to as Encostas da Baronesa.

Through the Site, Encostas da Baronesa gives the User access to the Services. The Services, including updates, developments, new tools and / or new web properties, are subject to these Terms.

 

2.  General user obligations and liability

Encostas da Baronesa reserves the right to change these Terms and Conditions at any time, by placing changes online on the Site, being the exclusive responsibility of the User to verify and comply with them during each use. Usage of the Site after the changes are posted constitutes acceptance of the updated Terms and Conditions. If the User does not agree with the changes or, in general, with the Terms and Conditions, he /she should immediately stop using the Site and the Services.

By accessing, using and downloading materials from the Site, the User agrees, on his behalf and / or on behalf of the entity on behalf of whoever is acting, to timely comply with the provisions of these Terms and Conditions, ensuring that he has the power to act on behalf of the third party the User represents, if that is the case.

Access to the Services is expressly prohibited by any means other than through the interface provided by Encostas da Baronesa, as well as access (or attempted access) to the Site and / or the Services through automated means (including the use of scripts or web crawlers).

It is expressly prohibited to use the Site for purposes other than those for which the Site is intended, including illegal purposes or any others that may be considered harmful to Encostas da Baronesa’s image on the market. Usurpation, counterfeiting, use of usurped or counterfeit content, illegitimate identification and unfair competition are criminally punishable.

The User is also prohibited from creating or introducing on this Site any types of viruses or programs that damage or contaminate it or advise third parties to do so.

User account

In order to be able to access certain Services and restricted areas of the Site, the User may be asked to provide some personal data (such as identification and contact details), as part of the registration process for creating a User account. on the Site (“User Account”). The User must provide a valid email address that he / she has the right to legitimately access, as well as any other information necessary to complete the registration process. The information provided must be updated, complete and accurate.

The User is responsible for maintaining the confidentiality of his / her password. If the User detects any illicit use of the User Account, he / she must immediately notify Encostas da Baronesa. However, the User can be held responsible by Encostas da Baronesa or a third party for the illegal use of his / her User Account or password.

The User account must only be used by a third party with the consent of the respective holder.

The User is solely responsible for any emergent damages or lost profits caused by his / her unlawful conduct when using the Site and the Services and for the Content made available on the Site.

If Encostas da Baronesa deactivates or otherwise withdraws access to the User Account, the User understands and accepts that he / she may be prevented from accessing certain restricted areas of the Site, the details of the User Account or any content therein.

 

3.  Encostas da Baronesa’s rights and obligations

Encostas da Baronesa reserves the right to (i) modify, add or remove parts of the Terms and Conditions at any time; (ii) modify or terminate the Services for any reason and without prior notice at any time; (iii) remove User Accounts whose content is unlawful, offensive, threatening, defamatory, pornographic, obscene or objectionable or that violates the intellectual property rights of third parties or the Terms and Conditions; (v) modify, replace, refuse access to the Site and the Services, suspend or discontinue them, partially or totally. These changes will take effect as of their placement on the Site or the date of sending any communications.

Encostas da Baronesa is committed to providing technical support to the User with a User Account, which is only available via email.

 

4.  Intellectual property and personality rights

Ownership

All information contained on the Site and Services and all data and information compiled by Encostas da Baronesa associated with it (such as data files, written text, Software, music, audio files or other sounds, photographs, videos or other images) to which the User has access as part of the Services by using them are considered Encostas da Baronesa or third party content when properly identified. The User is not allowed to modify, rent, lend, borrow, sell, distribute or create a derivative work based on the referred contents (partially or totally), unless expressly authorized in writing by the Encostas da Baronesa or by third party that holds the intellectual property and personality rights.

The User acknowledges and agrees that Encostas da Baronesa retains all intellectual property rights (whether those rights are registered or not and in any part of the world where those rights may exist) relating to the Services. Encostas da Baronesa retains all rights not expressly granted to the User in these Terms and Conditions.

The User further agrees not to remove, hide or alter any intellectual property rights notices (including copyright and trademark notices) that may be posted or contained in the Services.

Brands and related

Unless expressly authorized by Encostas da Baronesa to do so, nothing in the Terms and Conditions gives the User the right to use any of the registered trademarks, commercial brands, service marks, logos, domain names and other brand features distinctive features of Encostas da Baronesa.

Software

Encostas da Baronesa grants the User a personal, worldwide, free, non-transferable and non-exclusive license to use the booking interface on the Site as part of the Services provided (“Software”). This license has the sole purpose of allowing the usage of the booking service as it is made available on the Site, as permitted by the Terms and Conditions.

The User is not allowed (nor can he / she allow third parties) to copy, modify, create a derivative work, reverse engineer, decompile or, in any other way, try to extract the source code of the Software or any part that composes it, unless this is expressly permitted or provided for by the applicable legislation or the User has been specifically authorized in writing by Encostas da Baronesa to do so. Unless Encostas da Baronesa has granted the User a specific written authorization to do so, he / she cannot assign (or assign a sub-license to) its rights to use the Software, grant a guarantee regarding its rights to use of the Software or, alternatively, transfer any part of your rights to use the Software.

 

5.  Exclusion of guarantees

To the extent permitted by applicable law, the services are provided “as is” and “as available” and Encostas da Baronesa does not provide any type of guarantee in relation to them. In particular, Encostas da Baronesa does not guarantee to the User that (i) the use of the services meets his / her needs or expectations; (ii) the use of the services is not interrupted, or that is punctual, safe or free from errors; (iii) any information obtained, resulting from the use of the services, is accurate or reliable; and (iv) that defects, if any, in the operation or functionality of any software provided as part of the services will be corrected.

No conditions, warranties or other terms (including any implied terms with respect to satisfactory quality, fitness for purpose or compliance with the description) apply to the services, except to the extent that they are expressly defined in the Terms and Conditions.

The use, by the User, of the website, of the services, as well as of any materials downloaded or otherwise obtained through the use of the services is done at his / her sole risk, being solely responsible for any emergent damages and lost profits caused to the equipment where he / she uses or views the Site, services and materials available there.

Nothing in the Terms and Conditions shall affect the rights provided for by the applicable legislation to which the User is always entitled as a consumer, if in that capacity he / she intervenes and relates to Encostas da Baronesa, and which, contractually, cannot agree to change or waive.

No recommendation or information, oral or written, from Encostas da Baronesa should be interpreted as constituting a guarantee of any kind, unless expressly provided for in the Terms and Conditions.

To facilitate user accessibility, Encostas da Baronesa may include links to websites on the internet that are owned or operated by third parties. When using the links to these third party sites, the User must review and accept the rules of that site before using it. The user must also accept that Encostas da Baronesa does not control the content of that website and cannot assume any responsibility for the materials created or published by these third party websites. In addition, a link to a non-Encostas da Baronesa website does not mean that it supports the website or the products and services referenced there.

 

6.  Limitation of liability

To the extent permitted by applicable law, Encostas da Baronesa assumes no liability to the User for any resulting damages from:

  1. a) any judgment by the user related to the integrity, accuracy or existence of any advertisement or any relationship or transaction carried out with any advertiser, whose advertising is shown on the services or in the Encostas da Baronesa newsletter;
  2. b) any changes that Encostas da Baronesa may make to the services or any permanent or temporary cessation of the provision of services (or any functionalities of the services);
  3. c) the elimination, corruption or storage error of any content or other communications data maintained or transmitted by or through the use of the services;
  4. d) the direct or indirect violation of the Terms and Conditions;
  5. e) the failure to maintain the security and confidentiality of the password or user account details.

Encostas da Baronesa’s liability for compensation for any emergent damages and loss of profits related to the website and services, caused by Encostas da Baronesa, its representatives or helpers is limited to cases in which it acts with intent or serious fault. If you disagree, partially or totally, with the website or services, or with the terms and conditions, you only have the option to stop using the website or services, as applicable, and to demand the cancellation of your user account.

 

7.  Privacy policy

The Privacy Policy is available at [https://www.encostasdabaronesa.pt/en/privacy-policy/].The document contains an explanation of the procedures adopted by Encostas da Baronesa and by third parties that provide services through the Site, within the scope the treatment of personal data of its Users and the protection of their privacy when using the Site and the Services. You accept that Encostas da Baronesa collects and processes your personal data in accordance with the Privacy Policy.

 

8.  General provisions

Prevalence

In the event of a conflict between the Terms and Conditions and other specific provisions or specific terms and conditions on the Site relating to certain materials, these must prevail.

Exercise of rights

The non-exercise or non-immediate application of rights or provisions by Encostas da Baronesa, provided for in the Terms and Conditions, should not be interpreted as a waiver of them.

Completness

The Terms and Conditions constitute the entire agreement between the User and Encostas da Baronesa regarding the use and consultation by the User of the Site and Services, and regulate the use of these (excluding any Services that may be provided by Encostas da Baronesa within the scope of a separate written contract), completely replacing any previous agreements between the User and Encostas da Baronesa in relation to the Site and the Services.

Reduction

The invalidity, declared by a final judicial or arbitration award, of some provision of the Terms and Conditions does not determine the invalidity of the others, reserving Encostas da Baronesa the right, if necessary, to modify the Terms and Conditions accordingly to supply the invalidity.

Notifications / Communications / Complaints

Any notifications and communications from Encostas da Baronesa to the User under the Terms and Conditions should preferably be made to the email address or address provided by the User in his / her User Account, without prejudice to Encostas da Baronesa being able to use other contact elements and forms.

Any notifications, communications and complaints from the User should be made, preferably, to the email [info@encostasdabaronesa.pt].

 

9.  Applicable law and jurisdiction

The Terms and Conditions, as well as the User’s relationship with Encostas da Baronesa in accordance therewith, are governed by the applicable laws of the Republic of Portugal. The User and Encostas da Baronesa agree to submit to the exclusive jurisdiction of the judicial courts of the Vila Real District the resolution of any legal issues resulting from the Terms and Conditions, without prejudice to the applicable mandatory legal rules. Notwithstanding the foregoing, Encostas da Baronesa may apply precautionary measures (or an equivalent type of urgent legal compensation) in any jurisdiction.

 

General booking conditions

 

1.  Scope

1.1. The present general conditions (“General Conditions”) govern and are an integral part of the service provision agreement entered into through the website www.encostasdabaronesa.pt (“Site”) between Encostas da Baronesa, Lda NIF 513609563, com sede em Av. 25 de Abril, nº31-A 5070-011 Alijó, hereinafter referred to as Encostas da Baronesa, and the client who signs the contract (“Client”), whose object is to provide tourist accommodation reservation services (“Accommodation” ) and respective tourist services provided by Encostas da Baronesa (“Contract”).

1.2. The execution of the Contract, which takes place after the confirmation of the purchase through the Site, is made under the terms of these General Conditions, whose knowledge and acceptance by the Client are manifested through the validation of a checkbox for the purpose in the purchase form, and of the Client’s knowledge and acceptance of the Website Terms and Conditions and respective Privacy Policy.

 

2.  Bookings

2.1. When booking the Client must correctly fill in the respective form, indicating, in particular, the dates of entry and departure and applicable rate, always subject to confirmation of availability by Encostas da Baronesa, as well as his / her personal data and information of payment, being fully responsible for the choices made and for the information provided, which must be complete, true and up to date.

2.2. With the confirmation of the booking data by the Client, a reservation code is assigned to this client, which must be referenced in all contacts with Encostas da Baronesa, acquiring the Client the right to the services contracted from Encostas da Baronesa, under the terms and conditions described in the respective proof of booking and in the Contract, after payment under section 8.

2.3. When the Client have booked only Accommodation, the Client is fully responsible for obtaining and / or contracting means of transport that will allow him / her to enjoy the contracted services, without prejudice to the Client being able to hire this service from Encostas da Baronesa independently (if available and provided accept it).

2.4. Likewise, the Client assumes full responsibility for the possession and / or obtaining of the necessary documents (such as identification documents, authorizations, visas and vaccination certificates) for entering the country and / or locality where the Accommodation is located or where you make a stopover during the trip purchased, and must inform yourself in a timely manner when you have only booked accommodation. Encostas da Baronesa does not assume any responsibility for the refusal to grant visas or entry permissions to the Client in Portugal, in which case, the provisions of section 9 apply.

2.5. Due to the special regimes and tariffs that exist for children, and which vary, among other factors, depending on the age, the service provider and the dates of the trip, Encostas da Baronesa advises the Client to obtain prior information from that before the making the reservation.

2.6. No refunds are due for goods and / or services that, although made available to the Client, the Client chooses not to enjoy or use.

2.7. A security deposit of EUR 500 is due by the Client, which is required upon arrival. This deposit is fully refundable at check-out, as long as there has been no damage to the Villa or Accommodation.

3.  Benefits, promotions and discounts

3.1. Due to the agreements signed by Encostas da Baronesa with third parties (“Partners”) and that are in force on the date of the booking by the Client, the Client may have access to discounts and special rates (“Benefits”) when making a booking, provided that you he / she is fully legitimized by the Partner to obtain the Benefits and correctly enter his / her identification number. Encostas da Baronesa reserves the right to contact the Partner to obtain confirmation regarding the applicability of the Benefits to a Client.

3.2. In addition to the provisions of clause 3.1., Encostas da Baronesa can make certain promotions (“Promotions”) and discounts (“Discounts”) on the bookings made by Customers on the Site, with limited or no time limits.

3.3. The following conditions apply to Benefits, Promotions and Discounts:

  1. i) For the benefit of certain Promotions and / or Discounts, the Client may be asked to enter a promotional code (“Promotional Code”) or to prepay the booking;
  2. ii) Benefits, Promotions and Discounts are subject to availability confirmation;

iii) Encostas da Baronesa reserves the right to cancel Benefits, Promotions and / or Discounts or to reject a Promotional Code when the total value of the Promotional Codes already used exceeds a certain financial value or when they are used in a fraudulent form (namely, by who is not its holder / beneficiary);

  1. iv) Benefits, Promotions and Discounts are only valid for reservations made through the Site and are not transferable to third parties;
  2. v) In case of cancellation or non-use of a reservation made under a Benefit, Promotion or Discount, the value of the Benefit, Promotion or Discount will not be refunded, nor will it be guaranteed to be re-applied to another reservation;
  3. vi) If there is a change, at the initiative of the Client, of the characteristics and / or ownership of a reservation made within the scope of a Benefit, Promotion or Discount, the latter may lose the benefit / perk granted by the reservation, applying the provisions, in case of withdrawal, in section 9;

vii) The use of fraudulent mechanisms to obtain Benefits, Promotions or Discounts makes the Customer responsible in general terms and gives Encostas da Baronesa the right to choose between (a) the application of the tariff without discount and (b) the resolution of the Contract, equating this resolution, as to the consequences that result from it, to the termination of the Contract by the Client under the terms of clause 9.1, without prejudice to Encostas da Baronesa’s right to be compensated for all damages suffered;

viii) Encostas da Baronesa reserves the right to cancel and / or change Benefits, Promotions and Discounts at any time.

 

4.  Taxes

Unless explicitly stated otherwise, the price of the booking, service or product includes taxes legally due (namely, Value Added Tax), which will be charged by Encostas da Baronesa to the Client together with the booking at the legal rate in force, in depending on the contracted services.

 

5.  Fees

5.1. Bookings, changes to them and cancellations may be subject to the payment of fees charged by Encostas da Baronesa to the Client, calculated according to the type of booking, the date of the booking (or the respective change or cancellation) and the applicable rate, to be disclosed at the time of making the booking by the Customer. In addition, additional fees may also be charged by Encostas da Baronesa to the Client for changes in bookings or cancellations, if these are required by Encostas da Baronesa or by other service providers.

5.2. Fees are due for each reservation made, in exchange for the availability of online booking services by Encostas da Baronesa to the Client, being debited at the time of payment of the booking by the Client.

5.3. The fees due by the Client to Encostas da Baronesa in connection with a booking are non-refundable if the Client does not use or enjoy the contracted goods and / or services, as well as for any other reason not attributable to Encostas da Baronesa, unless the Client cancels the reservation under the terms (including term) described in the General Conditions.

 

6.  Changes

6.1. The Client can make changes to the Accommodation bookings under the following terms and conditions:

  1. i) Ownership. The Client can assign the reservation, provided that he / she informs Encostas da Baronesa in writing at least 7 days in advance of the date of entry into the Accommodation. The assignor and the assignee are jointly and severally liable to pay the price and additional charges arising from the assignment;
  2. ii) Other changes. Any other changes to bookings, other than those mentioned in the previous paragraph, require the express agreement of Encostas da Baronesa, which may imply changes in the price and / or be subject to the payment of fees, calculated according to the type of booking, on the date of the change and the applicable tariff.

 

7.  Accommodation

7.1. The characteristics of the Hotel and the Accommodation are those included in the booking. However, since the photographs of the Hotel were not taken on the day the booking was made by the Client, there may be non-substantial differences between the photograph and the reality at the date of the use of the services contracted by the Client, which do not give the Client the right to any modification of the Agreement.

7.2. The prices shown are per room, however they can be presented per person or according to other characteristics, which in any case will be duly indicated on the Site when making a booking. If it is possible to make a booking for a number of people greater than the normal accommodation capacity, an extra bed may be required, which may not have the same comfort and quality as the other accommodation beds, reducing its useful area, even happening with children’s beds.

7.3. Meals and their specificities are communicated to the Client through the Site when making a booking.

7.4. If nothing is mentioned in the booking, it does not include any meal.

7.5. If the Client presents himself with more people than indicated in the booking to use the Accommodation, Encostas da Baronesa may refuse his / her entry, a situation for which Encostas da Baronesa cannot be held responsible.

7.6. As a rule, the accommodation can be used from 16:00 on the day of arrival and must be left before 12:00 on the day of departure (in both cases, at local time). Staying at the accommodation after the departure time may lead to the payment of additional amounts, which are the sole responsibility of the Client.

7.7. If the Client does not show up at the Hotel until 23:59 on the date of entry indicated on the booking receipt, the Hotel may disregard the booking and sell the Accommodation to third parties, a situation for which Encostas da Baronesa cannot be held responsible.

7.8. The Client must comply with the internal regulations for the use of the Hotel, and the Encostas da Baronesa cannot be held responsible for losses suffered by the Client as a result of its violation.

 

8.  Payment

8.1. The Client must pay the amount indicated on the booking or purchase form as a prerequisite to be able to enjoy the reservation or contracted services.

8.2. The payment for the reservation or purchase is made by the Client on the Site, on the date the booking is made.

8.3. Payment must be made by credit card owned by the Client, within the list of issuing entities with which Encostas da Baronesa collaborates and which is made available on the booking form, being the payment accepted by Encostas da Baronesa within the limits authorized by issuing entities thereof.

8.4. The credit card information entered by the Client is protected by Verisign under the terms of the Encostas da Baronesa Privacy Policy.

 

9.  Cancellation

9.1. The Client can withdraw from the booking and terminate the Contract, provided he communicates it to Encostas da Baronesa up to 24 hours before the check-in date indicated on the booking receipt, in which case he is entitled to the refund of the amounts paid for the booking.

9.2. In case of cancellation of the stay on the day of arrival, Encostas da Baronesa reserves the right to charge the first night, except in cases where other conditions have been agreed.

9.3. In case of no-show, Encostas da Baronesa will charge the first night of the stay.

 

10.      Impossibility of compliance

When, for facts not attributable to it, Encostas da Baronesa cannot fulfill obligations resulting from the Contract, it must immediately notify the Client of this impossibility. If the impossibility respects any essential obligation, the Client may terminate the Contract without any penalty or accept in writing an amendment to the Contract and any variation in price. The Client must inform Encostas da Baronesa of his / her decision within 4 working days after receiving the notification from Encostas da Baronesa, assuming, if he / she says nothing, that he agrees with the change.

 

11.      Reclamações

11.1. Any deficiency in the execution of the Contract in relation to the services provided by third party service providers must be communicated to Encostas da Baronesa in writing, within a maximum period of 20 working days after the end of the services contracted by the Client

11.2. For a complaint to be analyzed by Encostas da Baronesa, it must have been previously reported by the Client during the course of the stay, requiring from them the respective documents proving the occurrence

11.3. In the event of a claim made for failure to comply with the services contracted with Encostas da Baronesa, the Client may call the security provided for in the applicable legislation (provided that the complaint is based on the failure to fulfill duties whose observance is guaranteed by the said security), and for that purpose to Turismo de Portugal, IP, which demands the guaranteeing entity, presenting:

  1. i) The final and unappealable judicial sentence, which contains the amount of the demandable, certain and net debt;
  2. ii) Arbitral award;

iii) Request requesting intervention by the arbitral commission, under the terms of the applicable legislation, accompanied by the supporting evidence for the alleged facts.

 

12.      Responsibility

12.1. Encostas da Baronesa responds to Clients under the terms of the law, except if:

  1. i) The non-compliance does not result from excess bookings and is due to situations of force majeure or unforeseeable circumstances, motivated by abnormal and unpredictable circumstances, outside the Encostas da Baronesa, whose consequences cannot have been avoided despite all the steps taken;
  2. ii) It is demonstrated that the non-compliance is due to the Client’s own conduct or to the unpredictable performance of a third party unrelated to the provision of the services due by the Contract;

iii) Legally unable to claim the right of recourse in relation to third parties providing the services provided for in the Contract, under the terms of the applicable legislation;

  1. iv) Encostas da Baronesa cannot be held responsible for the deterioration, destruction or removal of luggage or other items.

12.2. Encostas da Baronesa is responsible for the correct issuance of accommodation certificates and for the culpable choice of service providers, unless they are suggested by the Client.

12.3. Whenever Encostas da Baronesa limits itself to acting as a mere intermediary in the reservation of individual services requested by the Client, Encostas da Baronesa’s liability to the Client is limited to that arising from the breach of the obligation to correctly issue accommodation certificates and, when applicable, transport. Additionally, Encostas da Baronesa’s liability is limited to the correct issuance of accommodation and transport tickets and also for the culpable choice of service providers, if these have not been suggested by the Client.

12.4. To the extent permitted by applicable law, Encostas da Baronesa is not responsible for damages that may arise from any unforeseen circumstances or that are beyond its control, and also, expressly and for example: network delays or blockages, interference, interruptions, viruses, malfunctions and / or disconnections in the operational functioning of the Site or in the Client’s computer equipment and equipment, or any other anomalous functioning of the reservation service for causes beyond its control and which prevent the reservation or purchase from being made.

12.5. The Customer is accountable to Encostas da Baronesa under the terms of the law.

 

13.      Personal data

When filling in the booking form, the Client will be asked for certain data that can identify him / her (“Personal Data”), which will be collected and processed in strict compliance with the law and in accordance with the provisions of the Site’s Privacy Policy.

 

14.      Contacts

All communications or notifications under the Contract must be made using the information provided by the Client through the online form. Any changes to the Client’s data and any communication or notification sent by the Client to Encostas da Baronesa must be made to the email address info@encostasdabaronesa.pt.

 

15.      General provisions

15.1. The General Conditions are only applicable to bookings made through the Site, being a complement to any particular conditions agreed in writing between the Client and Encostas da Baronesa regarding the object of the Contract or referred to in a specific area of the Site for a specific product or service, including the proof of booking (“Particular Conditions”), which are also an integral part of the Contract.

15.2. The provisions of the Particular Conditions prevail, in case of conflict, over the General Conditions, prevailing over both any additional written stipulations specially agreed between the Client and Encostas da Baronesa and signed by both, which are part of the Contract.

15.3. Once the Contract is signed, it can only be changed in writing, by a document signed by the Client and by Encostas da Baronesa, which becomes an integral part of that.

15.4. The provisions of these General Conditions may be changed at any time by Encostas da Baronesa for future legal relations, without prior notice. As such, whenever you make a reservation, and even if you use the Site frequently, you should read them in full.

 

16.      Applicable law and jurisdiction

The Contract is governed by the laws of the Republic of Portugal.

The Vila Real District Court is exclusively competent to resolve any disputes arising from the validity, execution, execution, non-compliance, extinction or interpretation of the Contract, without prejudice to the applicable mandatory legal rules.